The undersigned is directed to say that matter regarding entitlement of a Government servant, who dies while in service, to Earned Leave under Rule 27(2)(b) and Half Pay Leave Rule 29 (2)(c) of the CCS (Leave) Rules 1972 has been under consideration of this Department.

2. At present rule 27 (2)(b) says ‘when a Government servant is removed or dismissed from service or dies while in service, credit is allowed at the rate of 2 1/2 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.’

Similarly Rule 29 (c) says ‘When a Government servant is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.’

3. These rules adversely affect cases where the death of a serving Government Servant occurs on the last day of the month as the day of death is treated as his last working day. Clause (b) of sub rule (2) of rule 27 and clause (c) of sub-rule (2) of rule 29 of the CCS Leave Rules is modified as under :-

Rule 27 (2) (b) ‘When a Government servant is removed or dismissed from service, credit is allowed at the rate of 2 1/2 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies, while in service, credit of Earned Leave shall be allowed at the rate of 2 1/2 days per completed month of service up to the date of death of the Government Servant.’

Rule 29 (2)(c) ‘When a Government servant is removed or dismissed from service. credit of Half Pay Leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies while in service, credit of Half Pay Leave shall be allowed at the rate of 5/3 days per completed month of service up to the date of death of the Government Servant.’

4. These orders take effect from the date of issue.

5. So far as persons serving in the Indian Audit & Accounts Departments are concerned, these orders are being issued after consultation with the C&AG of India.

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Comments

Whether Terminal Leave Benefit on HPL (presently it is 240 HPL allowed to a Central Govt. employee as TLB on the date of superannuation) is also allowed to a Central Govt. employee who dies while in service. A number of employees who have more than 300 days HPL to their credit, are not getting this TLB along with the TLB of EL